Check a tool's message for a means used only to embarrass, delay, or burden
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the message the tool proposes to send, list any line whose only stated purpose is to embarrass, delay, or burden the other person. Do not send the message.
- What the lawyer must review
- Model Rule 4.4(a) says that, in representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of that person. Formal Opinion 512 says uncritical use of tool output can produce misleading representations to third parties, and quotes Rule 8.4(c) on conduct involving dishonesty, fraud, deceit, or misrepresentation. The lawyer settles the message before it is sent.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.